الاحتفاظ بالملكية ودوره التأميني

Abstract

The expansion of the scope of the individual property and the spread of the concept of market economy in the modern world led to the emergence of many economic institutions and enterprises in all fields. Their first and last concern was and still is the availability of financing sources for their sustainability, development and expansion, amidst the huge and accelerated technological development of the means of production.

In the context of search for credit, away from the complex and slow procedures of the conventional insurances provided for by the private law, emerged what is called as “Retention of the Property” as a security. In return, the conventional legal systems and the stereotype contractual forms known in this context have been adapted to guarantee the rights of the financer and financing applicant in order to reach what is called “The Leasing Contracts” as a finance form dependent on retaining the property as a security.

Through this research, we tried to address the insurance role, played by the property right. We have taken the leasing contracts as a model. In conclusion, we realize that this new job of the Property Right played a substantial role in granting the credit to the financed companies, without the need for in-kind or personal security and that the retention of property had a clear effect on the legal characterization of the leasing contracts